Rules of Procedure of the Unified Patent Court (RoP)

Rule 27

The Registry shall, as soon as practicable after the lodging of the Statement of defence,
- (a) examine whether the requirements of Rule 24.1(a) to (d) have been complied with
  (b) if the Statement of defence includes a Counterclaim for revocation, examine whether the obligation to pay the fee pursuant to Rule 26 has been complied with.
If the Registry considers that the Statement of defence or the Counterclaim for revocation does not comply with any of the requirements referred to in paragraph 1, it shall as soon as practicable invite the defendant to
- (a) correct the deficiencies noted, within 14 days,
  (b) where applicable, pay the fee for the Counterclaim for revocation, within 14 days.
The Registry shall at the same time inform the defendant that if the defendant fails to correct the deficiencies or pay the fee within the time stated a decision by default may be given, in accordance with Rule 355.
If the defendant fails to correct the deficiencies or to pay the fee for the Counterclaim for revocation, as appropriate, within 14 days, the Registry shall inform the judge-rapporteur who may give a decision by default. He may give the defendant an opportunity to be heard beforehand.
The defendant may make an application to set aside the decision by default in accordance with Rule 356.

Status: 15th draft of 31st May 2013